David Mesher was caught on camera racially abusing 79-year-old Delsie Gayle as passengers took their seats aboard the Ryanair aircraft ahead of a flight from Barcelona to London last October.
Mesher subsequently denied being a racist and said the incident was the result of a “fit of temper”.
On Monday (February 25), Essex Police said despite a “thorough investigation”, which included seeking advice from the Crown Prosecution Service, it was unable to proceed as the matter was outside its jurisdiction.
“We have completed our enquiries as far as we are legally able to, given that the incident did not happen within our jurisdiction and are now in contact with the Spanish legal authorities so that they can determine how they wish to proceed.”
Mesher, though, could now face criminal proceedings in Spain, it has been confirmed.
A spokesperson for Barcelona City Hall, Sky News reports, said: "After the incident, Barcelona City Hall presented the complaint to the public prosecutor as a hate crime case.
"The public prosecutor has opened criminal proceedings for this case, which means it is being processed. We will now have to wait and see what the public prosecutor says."